two, when amended, shall read as follows: The board shall CHAP. 138. appraise the value of the minority's proportion of the house, make a record of their proceedings, and within ten days cause it to be transcribed into the records of the town where the house is.' Approved March 14, 1870. Chapter 138. An act to amend section one of chapter eighty-seven of the public laws of eighteen hundred sixty-two, relating to appeals from decision of county commissioners. Be it enacted by the Senate and House of Representatives in Legislature assembled, as follows: SECT. 1. Section one of chapter eighty-seven of the public laws of eighteen hundred sixty-two, is hereby amended, so as to read as follows: 'If the judgment of the commissioners in favor of laying out or altering a way as prayed for is wholly reversed on an appeal, they shall proceed no further; and in all cases when the judgment of the commissioner shall be reversed on appeal, no petition praying for substantially the same thing shall be entertained by them for two years thereafter. If their judgment is affirmed in whole or in part they shall carry into effect the judgment of the appellate court; and in all cases they shall carry into full effect the judgment of the appellate court in the same manner as if made by themselves, and the party appealing or prosecuting shall pay the costs incurred since the appeal, if so adjudged by the appellate court, which may allow costs in such cases to the prevailing party, to be paid out of the county treasury. The compensation of the committee to be paid the same as commissioners would have for like services to be allowed by the court. The costs allowed the prevailing party and the fees of the committee are to be collected as provided in section three.' SECT. 2. This act shall take effect when approved. Approved March 14, 1870. Chapter 139. An act to amend section one of chapter thirty-four of the revised statutes, relating to licensing auctioneers. Be it enacted by the Senate and House of Representatives in Legislature assembled, as follows: SECT. 1. Section one of chapter thirty-four of the revised statutes, is hereby amended, by striking out the words "in such town and" in the third line thereof, and the words "other" " "where R. S., chap. 34, sect. 1, relating to licensing auction eers, amended. CHAP. 140. there is no licensed auctioneer" in the fourth line thereof, so that said section shall read as follows: R. S., chap. 34, sect. 1, as amended. 'Sect. 1. The municipal officers of any town may license any suitable inhabitants of their county, by a writing under their hands, to be auctioneers for one year in any town in said county; and shall record every such license in a book kept by them for that purpose.' SECT. 2. This act shall take effect when approved. Approved March 15, 1870. Liability of stockholders of banks the assets of which are in the hands of receivers. A stockholder may deposit his liability with receivers. Receivers may be authorized to compound the liability of stockholders. Costs in suits brought by the receivers. Chapter 140. An act additional to chapter forty-seven of the revised statutes relating to banks. Be it enacted by the Senate and House of Representatives in Legislature assembled, as follows: SECT. 1. When it appears to the supreme judicial court that the assets of a bank in the hands of receivers are insufficient to pay the claims allowed against said bank, the court after reserving a sufficient sum for further necessary expenses, may assess upon all the persons liable as stockholders to contribute to the payment of such claims such sum as may be requisite to make up the deficiency of assets. SECT. 2. Any stockholder may deposit with the receivers a sum of money equal to his liability, subject to such assessments as the court may make. SECT. 3. The court may from time to time authorize the receivers to compound with such stockholders as are unable to pay the full amount of their liability. SECT. 4. Upon the trial of a bill in equity brought by the receivers against the stockholders to recover the amount deficient, if judgment is rendered against the stockholders, no costs shall be awarded against those who before service on them have deposited with the receivers a sum equal to their liability, or compounded as aforesaid, or those on whom no service has been made. Against any stockholder who pays to the receivers before judgment the amount assessed upon him by the court, or who is defaulted, the costs awarded shall be only the costs of service on him, and one dollar for other expenses. Those who appear and defend shall be held to pay all the remaining costs, to be equitably divided between them by the court, and the court may in its discretion require security for the payment of such costs. When judgment is rendered against the stockholders, execution may be issued against each stockholder for the amount of his liability and CHAP. 141. for the costs awarded against him. SECT. 5. This act shall take effect when approved.. Approved March 16, 1870. Chapter 141. An act additional to chapter one hundred and twenty-six of the revised statutes, concerning frauds. Be it enacted by the Senate and House of Representatives in Legislature assembled, as follows: Whoever fraudulently makes or utters any receipt or other written evidence of the delivery or deposit of any grain, flour, pork, wool or other goods, wares or merchandise in any warehouse, mill, store or other building, when the quantity specified therein had not, in fact, been so delivered and deposited in such building; or so makes or utters any receipt or other written evidence of the delivery or deposit with him of any bonds or other securities or evidences of debt, when the same have not, in fact, been so delivered and deposited, shall be punished by imprisonment not less than one year nor more than ten. Approved March 16, 1870. Chapter 142. An act additional to chapter ninety of the revised statutes, concerning mortgages of real estate. Be it enacted by the Senate and House of Representatives in Legislature assembled, as follows: Recovery of mort is perfected. SECT. 1. When the mortgagee or person claiming under him has taken possession of the mortgaged premises and the debt secured before foreclosure by the mortgage is paid or released after condition broken and before foreclosure perfected, the mortgager or person claiming under him may maintain a writ of entry to recover possession of said premises, the same as if paid or released before condition. broken. SECT. 2. This act shall take effect when approved. CHAP. 143. Conditional sale of personal prop thirty dollars value, to be recorded. Chapter 143. An act to provide for the recording of certain contracts. Be it enacted by the Senate and House of Representatives in Legislature assembled, as follows: SECT. 1. No stipulation in a note for more than thirty dollars erty of more than that the goods and chattels for which the note is given shall remain the property of the payee until payment, shall be valid against any other person than the parties thereto, unless possession of such property is retained by the payee or the note is recorded in the same place and manner as mortgages of personal property. Fee for recording. SECT. 2. The recording officer shall receive for such record twenty-five cents, and on receipt of his fees shall record all such notes delivered to him in a book kept for that purpose. SECT. 3. This act shall take effect when approved. Approved March 16, 1870. R. S., chap. 6, sect. 88, amended. Collectors to dis not paid. Chapter 144. An act to amend section eighty-eight of chapter six of the revised statutes, relating to collection of taxes. Be it enacted by the Senate and House of Representatives in Legislature assembled, as follows: SECT. 1. Section eighty-eight of chapter six of the revised statutes, is hereby amended, so as to read as follows: 'Sect. 88. If any person refuses to pay the whole or any part train, if taxes are of the tax assessed against him in accordance with the provisions of this chapter, the constable, collector, or other person whose duty it is to collect the same, may distrain him by any of his goods and chattels, not by law exempt for the whole or any part of his tax, and keep such distress for the space of four days, at the expense of the owner; and if he does not pay his tax within that time, the distress shall be openly sold at vendue by the officer for its payment. Notice of such sale shall be posted up in some public place in the town, at least forty-eight hours before the expiration of said four days.' Notice of sale. SECT. 2. This act shall take effect when approved. Approved March 16, 1870. Chapter 145. An act to renew the charters of certain banks. Be it enacted by the Senate and House of Representatives in Legislature assembled, as follows: CHAP. 145. Charters of Eastern, Mercantile, Veazie, Lime Rock and North bank, extended. SECT. 1. The charters of Eastern bank, Mercantile bank, and Veazie bank, all of Bangor, and of Lime Rock bank and North bank of Rockland, are hereby extended to the first day of October, eighteen hundred seventy-five, subject to the provisions of all the general laws upon the subject of banks and banking; provided Proviso. however, that said banks shall not be required to pay the state tax heretofore imposed so long as they shall be compelled to pay a tax on their circulation under any act of congress. secretary of of the acceptance SECT. 2. Any bank mentioned in the preceding section may Bank examiner accept the provisions of this act, at any meeting of the stock-state to be notified holders holden previous to the first day of October next for the of this act. purpose, by a two-thirds vote cast on a stock vote; and if said provisions are accepted, the cashier shall at once inform the bank examiner and secretary of state thereof. SECT. 3. This act shall take effect when approved. Approved March 17, 1870. Chapter 146. An act to amend sections one and three, chapter eleven of the revised statutes, relating to school districts. Be it enacted by the Senate and House of Representatives in Legislature assembled, as follows: SECT. 1. Section one, chapter eleven, of the revised statutes, R. S., chap. 11, is hereby amended, so as to read as follows: sect. 1, amended. Towns may deterand limits of mine the number school districts. 'Sect. 1. A town at its annual meeting, or at a meeting called for that purpose, may determine the number and limits of the school districts therein, but they shall not be altered, discontinued or annexed to others except on the written recommendation of the municipal officers and superintending school committee accompanied by a statement of facts, and on conditions proper to preserve the rights and obligations of the inhabitants.' SECT. 2. Section three is hereby repealed and the following R. S., chap. 11, section substituted therefor: 'Sect. 3. A town may abolish the school districts therein, and shall thereupon forthwith take possession of all the school houses, land, apparatus and other property owned and used for school purposes which districts might lawfully sell and convey. The property so taken shall be appraised under the direction of the sect. 3, repealed. Towns may aboldistricts therein. ish the school Proceedings thereupon. |